Why Can't My Lawyer Get A Dismissal?

Is there a sufficient factual basis to support the charge?

For a charge to be filed, the Courts only require a probable cause (PC)
basis. This is a very low evidentiary standard that only requires the State to establish that there is a reasonable basis to believe that a crime has been committed, and that you did it. The testimony of one person can be sufficient. Hearsay can be used to support the PC determination. If there are no viable defense witnesses, or the case could have occurred as the State says, the likelihood of a dismissal, either pre-indictment or post-indictment, are very small. It is not sufficient to say, everyone else was doing it, why did they arrest just me, as a basis for a dismissal. It is much more likely that a questionable factual basis will result in a better plea offer, then a dismissal. Discuss this issue, the strength of the PC basis with your lawyer, and whether there is any viable defense strategy that can be developed to support a dismissal.

Is the prosecution opposing the dismissal?

In many cases, certain types of charges are routinely prosecuted due to policy concerns of the prosecuting authority. If the prosecutor decides that a certain type of charge will either be pled to, or given a trial date, rather then a downgrade or a dismissal, you (the client) need to be prepared to take the risk of going to trial. This is an issue that you need to be discussing with your lawyer. Assuming the case is weak, is the prosecutor working under a procedure that all such charges must be either pled to or taken to trial? Has any other supervising authority refused to allow a downgrade of these types of charges? All of these issues can impact whether a dismissal can occur, and you need to be discussing them and related issues with your lawyer before you make any decisions on how to proceed.